IN THE CASE OF:	  

		BOARD DATE:	  26 April 2012

		DOCKET NUMBER:  AR20110020694 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the:

* Army Good Conduct Medal
* Korea Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Cold War Recognition Certificate

2.  He states he believes he is qualified for the requested awards and decorations, but he did not receive them at the time of his discharge.  He believes he earned these awards.

3.  He provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant requested award of the Cold War Recognition Certificate and correction of his DD Form 214 to show this award.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document, including the DD Form 214.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act (NDAA), the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to:  U.S. Army Human Resources Command, Cold War Recognition Program, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122-5408.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 10 November 1976 for a period of 3 years.  He completed initial entry training and he was awarded military occupational specialty 64C (Motor Transport Operator).

4.  The applicant's record contains two DA Forms 2627 (Record of Proceedings Under Article 15 of the UCMJ (Uniform Code for Military Justice)) that show he accepted nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ on:

	a.  16 November 1977 for possessing a controlled substance (Marijuana) on 10 September 1977, and absenting himself from his unit without authority from 20-26 October 1977.  His punishment included reduction from private (PV2)/E-2 to PV1/E-1.

	b.  25 September 1979 for failing to go at the time prescribed to his appointed place of duty on 16 September 1979.  His punishment included reduction from specialist four (SP4)/E-4 to private first class (PFC)/E-3.

5.  His record contains a DA Form 2-1 (Personnel Qualification Record - Part II) that shows in:

* item 5 (Oversea Service) he served in the Republic of Korea from 8 January 1979 to 7 November 1979
* 
item 9 (Awards, Decorations, and Campaigns) the –

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), 9 June 1977
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar,  12 July 1977

* item 35 (Record of Assignments) while serving in the Republic of Korea, he was assigned to Company D, 702nd Maintenance Battalion,
2nd Infantry Division

6.  On 9 November 1979, he was honorably released from active duty (REFRAD) and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  The highest rank/grade he attained during his service was SP4/E-4; however, at the time of his REFRAD he held the rank/grade of PFC/E-3.  The DD Form 214 he was issued at the time shows he was awarded or authorized to wear the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  His record is void of any evidence and he has not provided any evidence showing he was recommended for or awarded the Army Good Conduct Medal.  His record is also void of any evidence showing a commander disqualified him for receipt of this award.

8.  Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The immediate commander’s decision to award the Army Good Conduct Medal will be based on his or her personal knowledge and of the individual’s official records for the periods of service under previous commanders during the period for which the award is to be made.  However, there is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.

9.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that his DD Form 214 should be corrected to show award of or authorization to wear the Army Good Conduct Medal, Korea Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar was carefully considered and determined to have merit.

2.  Evidence shows he qualified sharpshooter with the hand grenade.  Therefore, he is entitled to correction of his DD Form 214 to show the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.

3.  Evidence shows he served a qualifying period of service in Korea for the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this service medal.

4.  The immediate commander’s decision to award the Army Good Conduct Medal will be based on his or her personal knowledge and of the individual’s official records for the periods of service under previous commanders during the period for which the award is to be made.  The evidence of record shows he received NJP for possessing a controlled substance, absenting himself from his unit, and failing to go at the time prescribed to his appointed place of duty.  There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.  The applicant's record is void of any orders showing he was awarded the Army Good Conduct Medal.  Therefore, the applicant is not entitled to correction of his records to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the:
* Korea Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Army Good Conduct Medal.



      _______ _   X____   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20110020694



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ABCMR Record of Proceedings (cont)                                         AR20110020694



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